Section 20-15-6 – Attorney’s Fees–Exemption.
20-15-6 . Attorney’s Fees–Exemption. In a civil action filed pursuant to § 20-15-5 in which a plaintiff prevails, the plaintiff shall recover reasonable attorney’s fees, in addition to any other remedies available to the plaintiff. However, the plaintiff is not entitled to attorney’s fees under this section if: (1) The plaintiff filed the civil action […]
Section 20-15-7 – Aggrieved Party–Attorney’s Fees.
20-15-7 . Aggrieved Party–Attorney’s Fees. This section may not be construed to limit actions for recovery of special damages filed by any person who suffers an injury in fact because the person was denied full and equal access to an accommodation as required by federal or state law. This section does not apply to charges […]
Section 20-13-56 – Citation of chapter.
20-13-56. Citation of chapter. This chapter may be known and may be cited as the “South Dakota Human Relations Act of 1972.” Source: SL 1972, ch 11, §1.
Section 20-15-1 – Definitions.
20-15-1 . Definitions. Terms used in this chapter mean: (1) “Accessibility law , ” a law that applies to a person with a disability or any federal law that ensures accessibility to websites owned and operated by an entity physically located in the state, services, programs, places of public accommodation, public conveyance and modes of […]
Section 20-13-37 – Evidence rules inapplicable at hearings–Cross-examination–Burden of proof–Preservation of testimony.
20-13-37. Evidence rules inapplicable at hearings–Cross-examination–Burden of proof–Preservation of testimony. The Commission of Human Rights is not bound by the strict rules of evidence prevailing in courts of law or equity but the right of cross-examination shall be preserved. The charging party bears the burden of proving by a preponderance of the evidence the allegations […]
Section 20-15-2 – Notice–Civil Action.
20-15-2 . Notice–Civil Action. Prior to filing a civil action alleging violation of an accessibility law, the alleged aggrieved party may notify the owner, agent, or other responsible party of the property where the alleged violation occurred by personal service, in accordance with applicable state or federal laws, or by certified mail, of alleged accessibility […]
Section 20-13-38 – Presentation of case–Investigating official’s participation limited.
20-13-38. Presentation of case–Investigating official’s participation limited. The case in support of the charge may be presented at the hearing by one of the division’s attorneys or agents. The investigating official may not participate in the hearing except as a witness nor may he participate in the deliberations of the Commission of Human Rights in […]
Section 20-15-3 – Notice–Form.
20-15-3 . Notice–Form. A notice provided pursuant to § 20-15-2 shall furnish similar information or be in substantially similar form to the following: THIS LETTER IS TO INFORM YOU THAT THE PROPERTY LOCATED AT (address of property), FOR WHICH YOU ARE THE PROPERTY OWNER, AGENT, OR OTHER RESPONSIBLE PARTY, MAY BE IN VIOLATION OF FEDERAL […]
Section 20-13-39 – Respondent’s answer and appearance at hearing–Charging party’s intervention.
20-13-39. Respondent’s answer and appearance at hearing–Charging party’s intervention. The respondent may file a written verified answer to the charge, and may appear at the hearing in person, with or without counsel, and submit testimony. In the discretion of the hearing examiner, a charging party may be allowed to intervene and present testimony in person […]
Section 20-15-4 – Notice–Response.
20-15-4 . Notice–Response. Within fifteen business days after an alleged aggrieved party serves or sends a notice pursuant to § 20-15-2 , the property owner, agent, or other responsible party of the property where the alleged violation occurred shall respond to the notice by personal service or certified mail to the alleged aggrieved party. That […]